Monday, June 16, 2014Last Update: 9:32 AM PT

Doctor Took Out the Wrong Kidney

FORT WORTH (CN) - Doctors' errors led to a healthy kidney being removed in surgery instead of a cancerous one, a baffled Texas man claims. Glenn Hermes, 54, of Arlington, and his wife Bernadette sued radiologist David Fenyes M.D., his employer Radiology Associates of North Texas, urologist Robert Stroud D.O., and his practice Lonestar Urology, in Tarrant County Court on June 10. Hermes said he underwent a CT scan in January 2013 after complaining to Stroud of pain and a growth on the right side of his scrotum. He claims Fenyes reviewed the scans, concluding that a 5.2 cm mass projecting from Hermes' left kidney made him "highly concerned for a renal cell carcinoma." Hermes clams Fenyes discussed his radiologic diagnosis with Stroud, who recommended radical nephrectomy surgery to deal with the left kidney. "Mr. Hermes trusted, believed and relied upon Dr. Stroud and his statements and representations that he was suffering from a left kidney mass which was potentially cancerous," the 58-page complaint states. "Based upon Dr. Stroud's representations and recommendations, Mr. Hermes consented to undergo a left radical nephrectomy to treat what he was led to believe was a left kidney mass which was highly suspicious for kidney cancer." Hermes claims that after the surgery in February 2013, multiple pathology studies revealed the kidney was benign, with no evidence of cancer. "After making inquiries into the circumstances leading to Mr. Hermes' surgical left kidney removal by Dr. Stroud, Dr. Stroud eventually assessed that it was Mr. Hermes' 'right kidney' that had a mass, rather than his left kidney, and that Mr. Hermes left kidney had been erroneously removed from his body and that his right kidney still had the mass which was 'highly suspicious' for kidney cancer," the complaint states. "A radiologic re-evaluation of the abdominal pain and pelvic CT scan performed on Mr. Hermes on or about January 17, 2013, revealed that the CT scan had been misdiagnosed as showing his left kidney mass, when it actually reflected a right kidney mass." Stroud then came into Hermes hospital room and told him he "needed to talk to us," Hermes told CBS affiliate KTVT. "From that moment when he said those works until he said, 'I took the wrong kidney out,' it was devastating," Hermes said. "I can't even tell you." Hermes said he fears for the future now. "I'm a business man, I've got grandkids," he told CBS. "I'm at the prime of my life ... just a lot of things going through my mind." Hermes is represented by Darrell Keith in Fort Worth, who told KTVT "modern medical practices and standards of care prevent these sort of things from happening - but when they do, they're horrific medical mistakes." Hermes underwent surgery performed by another urologist to remove the cancerous part of his right kidney. He said he now has impaired kidney function due to the loss of his healthy kidney, significant physical and emotional pain and suffering and loss of earning capacity. Fenyes, Radiology Associates, Stroud and Lonestar Urology did not respond to requests for comment Sunday. Hermes seeks and punitive damages for medical negligence, gross negligence, negligent misrepresentation and medical and health care assault and battery.